Tag: writing

But first, a disclaimer. I am not a legal expert, and if you are in any doubt about the subjects I’m talking about, you should consult an authoritative source.

In general, as most writers are aware, the maker of an artistic work (e.g. painting, novel, photograph, concerto) automatically owns the copyright to said work. Selling the work does not constitute selling the copyright. This is an issue that occasionally confuses writers, for example, but it is worth remembering that even if a publisher agrees to publish your new novel, you retain the ownership and copyright to that novel, unless you specifically sign them away.

This means that the painter of a picture may sell the picture, but the new owner has no right to make any copy of this work for any purpose, and the artist retains the right to do so. Again, if the new owner is to have the right to make a copy of the picture and publish it, the artist must specifically assign the new owner the right to do so. After all, purchasing a novel or a music CD does not confer the right to copy and sell either of those.

But it’s not all as straightforward as that, and it’s more complicated if an artist has been specifically paid to create it for a purpose, or creates it as part of their duties for an employer. In this case, the employer / commissioner may hold the copyright.

As an example of this, my novel Making Friends with the Crocodile features an image from one of my paintings on the cover (see picture on the right). I sold the painting many years ago, but the image still belongs to me as I did not sign it away.

Therefore if you wish to use an image on the cover of your book that does not belong to you, you must obtain written permission from the copyright holder to do so. If so, then what you will almost certainly get / buy are reproduction rights and NOT the copyright. That would give you the right to use the image for certain purposes (e.g. book cover) but the artist retains the right to sell the reproduction rights to others, too.

Unless they are exclusive reproduction rights. See? I told you this could get complicated.

It is possible to take (another) artist’s work and sufficiently transform it so that it becomes a new work, but again the devil is in the detail (quite literally). There have been a number of cases where artists have taken others to court to argue the point – and the point is whether the new work is sufficient transformative to be considered a new work. As an example, a photograph downloaded from the internet and then either just being subject to colour changes, or having another image added to it, was considered to be infringing the original copyright.

But there have been other cases where the original image has been altered sufficiently to be considered a new work. If you are intending to go down this route, you would be wise to acquaint yourself with the ins and outs of this. To get a more detailed analysis, you might find this link useful: February 13th Creative

And if you have paid someone for an image for your cover? It might be someone you know, or it might be over the internet (perhaps one of these ‘get a service for five dollars’ sites), but the law doesn’t change. Ensure you have the appropriate permission, preferably signed, before pressing the ‘publish’ button with their image on your cover.

It’s been a difficult time. There’s been stuff. And we all know what stuff does, don’t we? Well? Don’t we? Yes, you at the back, boy! Tompkins Minor! Well, what does it do?

‘Gets in the way, Sir.’

Louder, boy!

‘GETS IN THE WAY, SIR!’

That’s right, Tompkins. It gets in the way.

Stuff getting in the way.

Stuff not getting in the way.

And with all this stuff flying around, stuff I’m finding it rather difficult to deal with, sometimes it’s as much as I can do just to leave a ‘like’ on a post. Even posting a comment seems too much like hard work, although I want to. So I press ‘like’ to simply show my appreciation of the post.

But I’m working on it. I haven’t gone away, I’m just a little snowed under with…stuff.

And because it’s a new year (oh yes, Happy New Year to you all. Have you broken all your resolutions, yet? I have.), I’m thinking it might be a good time to re-introduce myself to the blogging world. So, this is me:

I have published one novel, Making Friends With the Crocodile, which is set in rural Northern India and is about the way society treats women there (and, by extension, in most places still). This has had good reviews, and I’m especially pleased with the ones from Indian women, who obviously know a thing or two about the subject! It is available as e-book as well as Print On Demand paperback.

The first draft of my second novel, provisionally titled A Good Place, is completed and I shall begin to edit it at the end of February. This story is set in a fictitious hill station in Northern India populated by a mixture of the English who remained in India after Partition, a few English travellers, and, naturally, the indigenous Indians there. In the meantime I am also working on another novel, the first in a series of 3 or 4, provisionally titled The Assassins Garden and set in both Persia and India in the 1600’s. This one I like to think of as being a mixture of ‘The Arabian Nights’ and Neil Gaiman. It starts innocuously enough, but rapidly becomes darker. The later books will also have elements of Gothic fiction and Victorian Detective stories in them. Possibly rather ambitious, I admit, but I have already written quite a large proportion of several of them.

I also write short stories and occasional poetry. At least, I call it occasional, but I do seem to be writing more of it than I used to.

And then I paint. I try to sell some of these through my shop on Etsy, although in the past I used to exhibit regularly at exhibitions and in various galleries (and sold quite well!). Perhaps I should investigate that route again.

There are links to Etsy and to my books on the sidebar, if you wish to go and have a gander.

And, when I can, I travel. Preferably with my wife. India and Nepal are favourite destinations, but so too are places closer to home in the UK, especially long-distance walks.

But, that’s enough about me for the moment. Possibly a little more next time.

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Wishing you a peaceful (or crazy, if that’s what you prefer) Christmas.

And thank you all for being part of this journey!

I usually write a special post for Christmas, either having a dig at consumerism or a humorous short story. At least, I try to make them humorous. This year, I’m going to re-post the first one I wrote for this site, three years ago.

The First Christmas Present

The old fellow with the white beard and the red jacket leaned queasily over the side of the sleigh, watching the snow covered fields passing below. For a while, the moon was peering out between the clouds and he travelled over a scene of sparkling silver, although the sight did nothing to cheer him up.

He hated heights.

He hated elves, now, too. He’d never met one before today, but he knew now that he hated them. The smug little tossers sat right at the back of the sleigh, eating the mince pies that had been left out for him, and tittering whenever he took a wrong turning.

And he hated children. He especially hated children.

Ever since they took away his benefits and told him he would now be better off, he had struggled for money. Now it was November, and he had decided he had to get a Christmas job. Not that he was looking forward to long nights at the sorting office, or lugging a bloody great bag of Christmas cards from door to door. But it seemed he’d left it rather late, and there was nothing left. At least, nothing for someone of his age. Eventually, he found himself in a tiny little room on the second floor of a run-down office building in a backstreet, the home of an agency that he’d never heard of and with a staff, it appeared, consisting of one gentleman who he initially took to be a caretaker and who introduced himself as Mr Nicol.

‘You’ll do nicely.’ He said. With time-shift, it meant that there was no need to cram all of the deliveries into a single night; they could be spread out over the whole year. In fact, they tended to use two of them, these days.

‘Two of what?’ His mind reeled.

‘Why, Santas, of course. But even then,’ Mr Nicol went on, ‘it’s difficult when one goes sick for two weeks. And so this is where you come in. What is a problem,’ he explained, ‘is E.U. Working Time Directive no.7. This rules out night work for anyone over the age of fifty. So you’ll have to do the deliveries during the day. Still, time-shift takes care of that.’

He still didn’t entirely understand, but he took the job.

The SatNav was crap. It took twice as long. The first time he tried it, he was terrified to find the sleigh suddenly hurtling between buildings that seemed to be no more than a couple of feet apart, at what must have been close on three hundred miles an hour. It then banked and turned in a tiny back garden, subjecting him to a force of about a hundred g, and then shot back down the same terrible alleyway. It then parked itself on the rooftop next to the one that he had just left.

The elves tittered into their hands.

He quickly found it better to just leave it to the reindeer to sort out. They obviously knew what they were doing.

And then it was impossible to tell how much time had gone past. If he noticed the time in any of the houses they visited, it never made any sense. One clock said ten fifteen. Some while later, he noticed one that said nine forty two. The next said four thirty. For a while be began to check the time at each house, but quickly gave up when the times appeared to be completely random. He shrugged. More of this time-shift stuff, he supposed. It made it very hard to decide when he should be on lunch break, and he made a mental note to speak to a union rep. at some point.

Another house. Impossible to know how many he had visited. After the thing with the clocks, he was even wondering whether he still had to visit some of the ones he’d already visited.

No, that was too confusing. He shrugged again, and stepped out of the sleigh. The elves followed him with their sacks, and then they all stepped forward, and next thing they were standing in a hallway, just inside the closed front door. Yes, that was weird, too. The elves obviously knew where they were going; he followed them into a darkened front room where a little glass of liquid stood on the table beside a plate with two mince pies. There was a little note that said ‘For Santa, love Benjy’.

He dropped the mince pies into the bag that he wore around his waist for the purpose, and poured the sherry into the flask. He hated sherry, anyway, so the little tossers were welcome to that. With luck, they’d fall out of the sleigh at some point.

The elves trooped noisily out of the room and up the stairs, reached the landing and opened the first door on the right. Inside, a child was asleep in the bed, a large pillow case draped across the duvet.

‘Greedy little bastard.’ He thought. He picked up the pillow case and held it open, whilst one of the elves seemingly poured in presents randomly from his sack. And then he froze. There was someone coming up the stairs; that wasn’t supposed to happen! All this time-shift stuff was meant to mean that everyone would be asleep from the moment he entered the house until he left again. It all happened in less than a fraction of a nanosecond, in any case.

The footsteps came nearer, and then stopped. A small child appeared at the doorway, but all that he noticed were her sad eyes. She did not seem surprised to see him, nor did she appear overjoyed.

‘You never come to me.’ She said in a quiet, flat voice.

‘I visit all the children!’ He replied, struggling to present himself as jovial.

‘No. You never come to me. You never have.’ He felt himself squirming under her steady gaze.

‘What’s your name?’ He said at last.

‘Mary. I live with my mother. In one of those flats over there.’ She pointed out of the window towards a few yellow lights that seemed to randomly puncture the darkness.

He glanced at the elves, who shrugged unconcernedly, then sighed and pulled a list from his back pocket and put his reading glasses on.

‘I’m sure we, I mean I, do. What’s the address?’ She stepped towards him and gently took the list from his hand, looked at it for a minute and then pointed.

‘There. But you don’t go to our flat; number three.’

He ran his eyes down the list, clicked his tongue irritably, and then looked a second time, certain he must have missed her name. But no, it definitely wasn’t there. He looked up, to meet her gaze again. Oh, hell. He could take one present from, say, three or four others. They would never miss them, and no one would know.

‘We’d know!’ The first elf glowered at him.

‘You can’t do that!’ The other one pouted. He looked from one to the other, and then back to the little girl, and came to a decision. He reached into Benjy’s pillowcase, picked out a couple of presents and held them out to her. She did not move for a moment, but then she gently smiled, reached out, and took the nearest one. Then she turned and left the room, and he heard her footsteps going down the stairs. He darted out to the landing, but already she had vanished.

‘You’ll be in big trouble.’ A spiteful little voice behind him said happily. He said nothing but did the thing with his fingers he had been taught, and they were back in the sleigh again.

It had been their last call. Now he was watching the elves smirking and whispering to each other, as the reindeer ran smoothly through the clouds. Casually, his hand strayed towards the SatNav, and he pressed the ‘over-ride’ button. The sleigh stopped immediately, and spun round a hundred and eighty degrees, catching the elves completely by surprise and throwing them out of the sleigh and into the night sky.

He hated elves.

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I was writing a haiku yesterday, and decided to go the extra mile with it. Traditionally in Japan these poems were sometimes written in the form of tanka, which are essentially poems of five lines rather than three, with a syllable count of 5/7/5/7/7.

They could also be written as linked verse, with one or two poets writing haiku, and others supplying the two remaining lines between each haiku.

I’ve gone down the linked verse route, and also given myself the remit that each verse (of two or three lines) must contain a word or sentiment linking it to those either side – something that was also commonly done.

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Well, I’m back. My life still seems to be unreasonably hectic, and this coming week it will be especially so, but I’m now officially semi-retired.

And I’ve finished the first draft of A Good Place, which will now rest for a few months until I return to begin the editing process. More about that next time.

And I’ve also begun a new venture. For some time I’ve been meaning to find a better way of selling some of my paintings and hand-painted greetings cards, and have finally got around to putting up a shop on the online store Etsy.

My shop, imaginatively called Mick Canning Artworks (the result of several weeks brainstorming by marketing and focus groups) can be found here: Mick Canning Artworks

I’d be really grateful if as many people as possible could have a look at it, and feed back to me any comments, such as problems they might find with the look of it, thoughts for improvement, etc.

For the moment, I’ve just put up a few paintings and drawings to start with, but over the next few weeks I’ll be adding more items to it on a regular basis.

The paintings link on the blog side-bar will also lead there.

I’ll slowly move across my larger paintings, and the main difference will be that I can sell them for much less, since the commission I pay is a lot less than I did on the other site.

And I’ll have to paint a lot more greetings cards!

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‘I feel I need a holiday,’ said Bilbo in The Lord of the Rings. ‘A very long holiday. I need a change or something. I want to see mountains again and then find somewhere where I can rest in peace and quiet. I might find somewhere where I can finish my book.’

Yeah, you and me too, Bilbo old chum.

Perhaps it is something to do with the changing seasons; the falling leaves and the shorter days, or perhaps it is just that I need a long rest, both mentally and physically, but in recent days I have found Bilbo’s conversation on my mind rather a lot.

I’m not going on holiday. I’d love to, but I can’t afford it and there is stuff here I need to do. Some of this state of mind is a result of the uncertainty (of my own making, I freely admit) caused by my retiring from the job I have done in one form or another for the last twenty years or so, and the need (so far unsuccessful) to find something else

Some of it is a result of other ongoing issues that will resolve themselves in time, but until then cause worry and sadness.

It has, really, been a difficult last year or so.

I need some space.

So I’m just going off-line again for a while. Maintaining radio silence. Ignoring the blasted Facebook (although I will respond to Messenger – I value my friendships too much not to!).